(Public Comment Period)
1.
9:00
a.m. State of the County presented by Chairman Connie Conway.
2.
9:00
a.m. Legislative update given by Paul Yoder, Strategic Local Government
Services. Review, modify, and adopt the
Proposed 2008 State Legislative and Regulatory Platform.
3.
1:30
p.m. Receive presentations by the Mooney Grove Park Request for Qualifications
Finalists. Select a firm to provide the
requested services. Direct staff to return
on January 29, 2008 with a negotiated final contract and authorize the Chairman
to sign the contract, subject to approval as to form by County Counsel.
9:30 A.M. – TIMED ITEMS
(Timed Items)
4.
PUBLIC
HEARING: Request from Resource Management Agency to uphold an appeal
filed by Stuart Miller, Wellman & Warren LLP, Attorneys at Law and approve
Special Use Permit No. PSP 02-085 to allow live entertainment (adult only live
entertainment), located on the north side of Mineral King Avenue, approximately
965 feet west of Road 158, east of the City of Visalia, in conjunction with a
non-alcoholic bar and card room, as recommended by staff in the staff report
with revised conditions of approval.
(Consent Calendar)
CONSENT CALENDAR (Number 5 through 24)
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NOTICE TO THE PUBLIC
Background information
has been provided to the board on all matters listed under the Consent
Agenda, and these items are considered to be routine by the Board. All items under the Consent Agenda are
normally approved by one motion. If
discussion is requested by any Board members on any item, that item will be
removed from the Consent Agenda if separate action is required.
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Board of Supervisors
5.
Reappoint
Wayne Millies as District 5 Representative to the Tulare County Planning
Commission for a term ending December 31, 2011.
6.
Reappoint
Christine Foster, Environmental Seat to the San Joaquin Valley Unified Air
Pollution Control District Citizens Advisory Committee for a term ending
January 31, 2011.
7.
Appoint
Tom Link to the Visalia Public Cemetery District for a term ending October 20,
2009.
8.
Approve
the 2008 Board of Supervisors Committee Assignments.
9.
Approve
a Resolution encouraging the University of California Board of Regents to
support University of California Merced's efforts to establish a School of
Medicine in the San Joaquin Valley.
County Administrative Office
10.
Request
from Capital Projects to waive Public Bidding requirements for the installation
of new water service for Fire Sprinkler and Domestic Water service for the
Visalia Library Project. Authorize the
Purchasing Agent to complete a Public Works Agreement with P&G Construction
in the amount of $37,550.
Fire Department
11.
Approve
the sole source purchase of 126 AKRON fire hose nozzles from LN Curtis in the
amount of $66,064. Authorize the
Purchasing Agent to waive the bid and make the sole source purchase.
12.
Approve
an agreement with Cal Fire for Amador staffing at the Badger Forest Fire
Station for the remaining 2008 non-fire season period. Authorize the Chairman of the Board to sign
the agreement, subject to County Counsel approval.
Health & Human Services Agency
13.
Approve
a waiver of bid and allow the Tulare County Purchasing Agent to contract with
Sun Meadow, G.A. Food Service, Inc. in the amount of $60,000 through June 30,
2008 for the purchase of complete meal packages that meet all of the new Title
22 CDA Nutrition guidelines for the Kings/Tulare Area Agency on Aging's
(K/TAAA) Senior Nutrition Program.
Human Resources & Development
14.
Ratify
and adopt the updated Tulare County Flexible Benefits Plan as a cafeteria plan
under Section 125 of the Internal Revenue Code to provide benefits under the
Plan are eligible to be excluded from Federal income tax. Authorize the Chairman to sign the Plan
documents pending review and approval by County Counsel.
Information Technology
15.
Approve
the purchase of a fixed asset, Fluke Test Equipment in the amount of
$19,049.78. Approve the necessary budget adjustments. (4/5ths vote)
Resource Management Agency
16.
Ratify
and approve 2007/2008 Transit Agreement with the City of Tulare for providing
transit service, retroactive to July 1, 2007 through June 30, 2008. Find that the Board had authority to enter
into the proposed agreement as of July 1, 2007, and that it was in the County's
best interest to enter into the agreement on that date.
17.
Ratify
and approve an amendment to Lease Agreement No. 18196 between Health and Human
Services Agency and C&J Commercial Properties to extend the lease term for
one year for office space located at 3350 W. Mineral King, in the City of
Visalia. Find that the Board had
authority to enter into the proposed agreement as of December 19, 2007 and that
it is in the County's best interest to enter into the agreement on that date.
18.
Introduce
and waive the first reading of an Ordinance amending the Tulare County Zoning
Ordinance 352 pertaining to contractor's storage yards in the Rural Residential
(R-A) Zone as recommended by the Planning Commission. Set the Public Hearing at
9:30 a.m. on January 29, 2008. Approve
the Ordinance Amendment summary and direct the Clerk of the Board to publish
such summary and to post a certified copy of the complete ordinance five (5)
days prior to the Ordinance Amendment adoption date (January 29, 2008) as
required by Section 25124 et. seq.
19.
Introduce
and waive the first reading of an Ordinance amending Tulare County Zoning
Ordinance No. 352 to consider Change of Zone No. PZ 07-010 from the AE-20
(Exclusive Agricultural 20-acre minimum) Zone to M-2-SR (Heavy Manufacturing
with Site Review combining) Zone on 150+ acres located on the south side of
Avenue 432 and 430, 700 feet west of Road 72, northwest of Dinuba. Set the Public Hearing for January 29, 2008
at 9:30 a.m.
20.
Approve
the Proposition 40 Per Capita Grant Project for the renovations and upgrades of
the Irrigation Systems at Mooney Grove Park. Approve the Proposition 40 Per Capita Grant
Project for the renovations of the restroom facilities at Alpaugh Park, Balch
Park, Bartlett Park, Cutler Park, Elk Bayou Park, Mooney Grove Park, Pixley
Park, and Woodville Park. Approve the
Proposition 40 Per Capita Grant Project for the construction of a new Skate
Board Facility at Ledbetter Park.
Authorize Auditor to make the necessary budget adjustments. (4/5ths
vote) Approve an exemption pursuant to
Section 15301 of the California Environmental Quality Act (CEQA) on the basis
that the restroom renovation is the replacement of an existing system, and
involves negligible or no expansion of an existing use. Approve an exemption pursuant to Section
15303 of the California Environmental Quality Act (CEQA) on the basis that the
skate board facility is new construction of limited small new facilities. Authorize the Chairman to sign the Project
Application and the California State Parks' California Environmental Quality Act
Compliance Certification Forms.
21.
Certify
that the Board has reviewed and considered the information contained in the
Mitigated Negative Declaration for the proposed Change of Zone No. PZ 06-006
from R-A (Rural Residential) Zone to C-2 (General Commercial) Zone on a
4.71-acre site located on the northwest corner of State Highway 63 (Road 124)
and Avenue 322, north of Visalia together with any comments received during the
public review process, in compliance with the California Environmental Quality
Act and the State Guidelines for the Implementation of the California
Environmental Quality Act of 1970 prior to taking action on the Change of
Zone. Find there is no substantial
evidence that said change of zone will have a significant effect on the
environment and determine that the Mitigated Negative Declaration reflects the
independent judgment of the County and has been completed in compliance with
the California Environmental Quality act and the State Guidelines for the
implementation of the California Environmental Quality Act of 1970, as
amended. Waive the final reading and
adopt the Ordinance amendment. Direct
the Clerk of the Board of Supervisors to publish the adopted Ordinance and
return the signed Notice of Determination to Resource Management Agency.
22.
Approve
and Award an agreement for Job Order Contracting for construction services to
Velis Engineering, Inc., Sanger.
Authorize the Chairman to sign the agreement upon receipt of approved
certificates of insurance, bonds, evidence that the Contractor possesses a
valid State Contractor's License, and upon approval as to form by County
Counsel. Authorize the Resource
Management Agency Director, or his designee, and the Senior Capital Projects
Coordinator, or his designee, to act as the Project Managers in executing
individual Job Orders. Authorize the
Purchasing Agent to execute all documentation, agreements, etc. required to
implement individual Job Orders under this agreement. Require that individual Projects/Job Orders
that exceed the Purchasing Agent's authority will be brought back to your Board
for approval prior to commencing.
23.
Approve
commitment and expenditure of Tulare County Redevelopment Agency funds in the
amount of $20,400 from the following sources:
Cutler-Orosi ($6,800); Goshen ($6,800); and Ivanhoe ($6,800) to be used
as local match for the 2008 Congestion Mitigation and Air Quality
Application. Find that leveraging
financial resources for the PM-10 Street Sweeper in these communities: (a) is consistent with the adopted
Redevelopment Plans for Cutler-Orosi, Goshen, Ivanhoe, and Traver; (b)
implements the affected redevelopment plans by assisting in the reduction of
particulate matter in the air; (c) is consistent with the current
Implementation Plans adopted in 2004, pursuant to Health and Safety Code
Section 33131(a)(c) and Section 33133; and (d) will directly benefit low-or
moderate-income persons. Find that there
is no other reasonable and available means of financing the local match for
proposed activities, and that the County does not have available funding for
this purpose.
ADJOURN AS THE TULARE COUNTY BOARD
OF SUPERVISORS AND
CONVENE AS THE TULARE COUNTY
REDEVELOPMENT AGENCY
24.
Authorize
submittal of a 2008 Congestion Mitigation and Air Quality grant application for
$170,000 in funding to be distributed as follows: Congestion Mitigation and Air Quality Grant
($149,600) and Local Match ($20,400).
Approve commitment of local match for this project as follows: Tulare County Redevelopment Agency ($20,400). Authorize the Chairman of the Board of
Directors to sign the completed application and accompanying documents on
behalf of the Agency including signing the Standard Agreement, with the State
of California and any and all other documents or instruments necessary or
required in support of the application, subject to County Counsel review and
approval and as set forth in the Staff Report.
Authorize the Tulare County Redevelopment Agency Executive Director to
act on the Agency's behalf in all other matters pertaining to the application.
ADJOURN AS THE TULARE COUNTY REDEVELOPMENT AGENCY AND
RECONVENE AS THE TULARE
COUNTY BOARD OF SUPERVISORS
(Items Not Timed)
ITEMS NOT TIMED
Items not specifically timed may be
taken in any order
25.
Request
from Resource Management Agency to allow the project proponent of PZI 07-004 to
file an application for a Change of Zone from Mountain Residential - 217,000
square foot minimum (MR-217) to Commercial Recreation (CO) within the Kennedy
Mountain Plan Area.
26.
Request
from Fire Department to receive an update on the operations and planning
activities of the County of Tulare Fire Department following the first six
months as a County managed department.
27.
Public
Comments.
28.
Board
of Supervisors matters.
(Closed Session)
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NOTICE TO THE PUBLIC
CLOSED SESSIONS
As provided in the Ralph
M. Brown Act, Government Code sections 54950 et seq., the Board of
Supervisors may meet in closed session with members of its staff, county
employees and its attorneys. These sessions are not open to the public and
may not be attended by members of the public.
The matters the Board will meet on in closed session are identified
below or are those matters appropriately identified in open session as
requiring immediate attention and arising after the posting of the
agenda. Any public reports of action
taken in the closed session will be made in accordance with Government Code
sections 54957.1
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CLOSED SESSION
It is the intention of the Board to meet in closed
session concerning:
Sitting as the Tulare County
Board of Supervisors
ITEM
A
CONFERENCE WITH LEGAL
COUNSEL - EXISTING LITIGATION
Details
(Government
Code Section 54956.9(a).)
Castillo,
et al. v. County
of Tulare
Tulare County Superior Court Case Number 07-222608
Next Item(s)
Sitting as...
ITEM
B
CONFERENCE WITH LEGAL
COUNSEL - EXISTING LITIGATION
Details
(Government
Code Section 54956.9(a).)
Gonzalez,
Jesus et al. v. Castro, County of Tulare et al.
Tulare County Superior Court Case Number 07-223552
Next Item(s)
Sitting as...
ITEM
C
CONFERENCE WITH LEGAL
COUNSEL - ANTICIPATED LITIGATION
Details
Significant
Exposure to Litigation Pursuant to Government Code Section 54956.9 (B)(1).)
Number of
Potential Cases: 1
Appeal by
Stuart Miller Attorney at law, Wellman & Warren LLP on Special Use Permit
Application No. PSP 02-085 (Cheetah/Sugar Daddy's: Agent Laura Kennedy) for
Adult -only live entertainment located on the north side of Mineral King
Avenue, approximately 965 feet west of Road 158, east of the City of Visalia
Next Item(s)
Sitting as...
ITEM
D
CONFERENCE WITH REAL
PROPERTY NEGOTIATORS
Details
(Government
Code Section 54956.8)
Property:
36650 Road 112, Visalia CA 93291
Agency
negotiator: Lynn Gregory
Negotiating
parties: Administrative Office of the Courts
Under
negotiation: Revocable license for use of real property (Adult Pre-Trial
Facility)
Next Item(s)
Sitting as...
ITEM
E
CONFERENCE WITH LABOR
NEGOTIATOR
Details
(Government
Code Section 54957.6)
Agency
Designated Representative: Tim Huntley, Jean Rousseau
Employee
Organization: All Certified Employee Organizations
Unrepresented
Employees: All Unrepresented Employees except Elected
Next Item(s)
Sitting as...
